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HomeMy WebLinkAbout012919731 1 1 CITY COUNCIL M1NUES January 29, 1973 The City Council of the City of Palo Alto met on this date at 7.30 p.m. in a special meeting with Mayor Comstock presiding. Present: Beahrs, Berwa'_d, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Seman Absent: None Meeting of February 5 Cancelled Mayor Comstock announced that the regular City Council meeting of February 5 had been cancelled by previous Council action. Council will be meeting on Wednesday, February 7, in a joint meeting with the Planning Commission. Dedication of Observatory - Oaxaca, Mexico Mayor Comstock noted that Councilwoman Pearson, Council::cman Seman and he would be representing the Council in the City of Oaxaca, Mexico, next week with a group of Palo Alto citizens in the dedi- cation of a solar and celestial observatory on February 10. Minutes of January 15 MOTION: Mayor Comstock moved, seconded by Pearson, that the minutes of January 15 be approved as submitted. The motion passed on a unanimous vote. Re asst for Continuance of A lication of tan oc1wMidPeninsula Ur an Coalition _or• a axxat on tens ' n s errace Mayor Comstock noted that a request had been received from Stanford University that the application of Stanford Mid -Peninsula Urban Coalition and the Board of Trustees of the Leland Stanford Junior University for annexation of approximately 20 acres of land at the intersection of Page Mill !toad and Peter Coutts Road and Peter Coutts Road to the City of Palo Alto be continued. MOTION: Mayor Comstock moved, seconded by Clark, that Item 13 be considered out of order for the purpose of continuance. Vice Mayor Norton asked if the continuance were for an indefinite time. 99 .,1/29/73 City Manager Sipel responded that the applicants' desire is to keep it indefinite. They feel that if they get some positive word from Washington re funding, they may have to move rapidly for approval. He suggested Council continue the matter indefinitely. Vice Mayor Norton thought that the question of the Stanford-8owdoin intersection might be considered as a separate issue and perhaps should be dealt with by one of the committees in the interim in order that some of the questions raised by Stanford could be re- sponded to in a timely fashing. Councilman Beahrs suggested that tabling of this matter might be a better thing to do so that it can be brought up at any time on motion. City Attorney Stone stated that it could be continued or tabled. The advantage to continuing it is that it will appear on the agenda, but it would not if it were tabled. The motion to consider. Item 13 out of order passed on a unanimous vote. MOTION: Mayor Comstock moved, seconded by Berw•ald, that the appli- cation of Stanford Mid -Peninsula Urban Coalition and the Board of Truitees of the Leland Stanford Junior University for annexation of approximately 20 acres of land at the intersection of Page Mill Road and Peter Courts Road and Peter Coutts Road to the City of Palo Alto be continued indefinitely. The motion passed on a unanimous vote. California Avenue Business District Bicycle Lanes Vice Mayor Norton commented that the general subject of bicycle routes on California Avenue had been back and forth for sorne time, and the finance and Public Works Committee dealt with it in detail at its January 9 meeting. The committee had before it the ten alternative plans and the recent staff survey indicating the rela- tive amounts of traffic between bicycles and automobiles and the hours when those peaks were reached. It was significant to him that the survey showed that bicycle traffic on California Avenue between the tracks and El Camino is basically commute traffic and basically adult. At hours other than compute hours, it showed the bicycle use is quite low, and the automobile use is quite high, particularly at noon. It showed the auto -bike ratio is something like 1541. His interpretation of the discussion was that a reduc- tion in either parking or in the number of automobile traffic lanes should be approached cautiously, because there is already a parking and auto congestion problem. The committee considered plans 1, 2, 8 and 10 in the most detail. Vice Mayor Norton reviewed those plans briefly. He stated that in view of the fact that most bicycle traffic was adult, commute -hour traffic and the physical difficulties involved to carve out of California Avenue an appropriate bicycle lane, the committee felt that bicycle traffic should continue but with no specific bike lanes designated. MOTION: Vice Mayor Norton moved on behalf of the Finance and Public Works Committee that no bicycle lanes be established at this time on California Avenue but that signs and arrows be placed on California Avenue to indicate it is a bicycle route. 1 0 0 1129/73 Councilman Rosenbaum recognized that the committee had done a great deal of work in trying to come to some final decision on this but said he was disappointed in the proposal. He felt this was due to an unfortunate chain of circumstances. Initially staff had proposed traffic be routed off of California Avenue entirely. This had the disadvantage of removing a number of parking places and the cost of rebuilding the underpass under El Camino. Then the California Avenue Association volunteered its efforts, and an attempt was made to come up with a plan that would provide bicycle lanes plus addi- tional parking. The proposal in June had diagonally parked traffic backing up into the bike lanes. Council asked staff to try again. This resulted in the ten concepts which the Finance and Public Works Committee studied. For good reasons none of them were found acceptable. They were left with the final choice of doing nothing. Councilman Rosenbaum proposed to go back to the plan that the California Avenue Association had suggested, which was a four -foot bike lane on each side of the diagonal parking, but not introduce any new parking into the middle of the street. He suggested this item be continued to give staff time to study it and talk to the affected people. There would be a four -foot bike lane and a fifteen - foot traffic lane. The advantage of this to the cyclist is that he would have four feet he could call his own and in which a car would no" be expected to drive. His only concern would be the diagonally parked care backing up. From the traffic standpoint, fifteen feet is a wide lane. MOTION: Councilman Rosenbaum moved, seconded by Pearson, that the subject of bicycle lanes for California Avenue Business District be continued to March 5. Vice Mayor Norton commented that input at the committee meeting ha. indicated that the people who are affected by this proposal would not like to see the traffic lanes reduced from four to three which would be the case with plan 1. The proposal now is to reduce from four to two. When only 1/10 to 1/15 of the traffic is bikes, to reduce the number of traffic lanes by one half, when the automobile traffic situation is not good anyway with California Avenue the only access to the area, is a serious proposal not to be glossed over lightly. He didn't feel this would help the situation at all, t,ad he looked gravely at a motion to continue if this is the proposed solution. Councilman Henderson said Council had looked at that particular *plan. He was unhappy about backing into the bicycle lane and loss of r"o traffic lanes, and bikes would have to suing into traffic lanes if a car were backing out. He said he is an all-out supporter of bicycle lanes in Palo Alto. The fell discussion at the committee level resulted in an amiable agreement with bicyclists and California Avenue merchants. He thought the traffic lanes should be preserved. Councilman Beahrs recalled that there had been no accidents of cny significance over a good number of years. He thought this was a major consideration before the committee. Also the heavy bicycle traffic is during the commute hours. On the weekends when most people are out riding for pleasure, there is practically no traffic in this area. He felt it would be unfortunate to sacrifice the interests of a large number of motorists to something less than 10% of bicyclists, He thought the committee's recommendation should be given a trial. 1 0 1 1/29/73 Jeanne Pinneo, 3347 St. Michael Court, said that if Council is planning to deal with the status quo on California Avenue which is that the majority of the bikers are adults and that the accident rate is very low, then to do nothing is right. She thought the City should think of the future also. One of the goals of the bike plan was to plan a complete system to give safety to all ages of bike riders. She felt that Councilman Rosenbaum's suggestion of putting a bike lane behind diagonally parked cars was dangerous. John Filippi, 2447 Ash Street, representing California Avenue Im- provement Association, said that one thing to look for on California Avenue is safety of bicyclists. The plan to put bicycles behind automobiles would jeopardize everybody. He said the California Avenue Association *lid not recommend the plan that Councilman Rosenbaum mentioned. He supported the reconm en.dat'•.on of the Finance and Public Works Committee. Councilman Rosenbaum stated that he was disappointed at some of the comments that were made. If such statements had been heeded is the past, there never would have been any bicycle lanes at all. University Aven:e with three times the traffic of California Avenue h.d one lane of traffic. He urged support of his proposal. He said when the plan was going to provide additional parking, California Avenue Association was willing to consider two eleven - foot lanes. To object to this on the basis of traffic is unrealistic. The motion to continue W3S defeated on the following vote: Ayes: Comstock, Pearson, Rosenbaum Noes: Beahrs, Berwald, Clark, Henderson, Norton, Semen The recommendation of the Finance and Public Works Committee was approved on the following vote: Ayes: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Pearson, Semen Noes: Rosenbaum Regarding the Finance and Public Works Committee's recommendation that staff be directed to reduce the speed limit to fifteen miles per hour on California Avenue between the Southern Pacific tracks and El Camino Real, Vice Mayor Norton noted that the City Attorney has ruled that this would be illegal. City Attorney Stone advised that the Vehicle Code preempts the field of regulation of traffic, inclu4ing establishment of speed limits. The City cannot lower residential speed limits of 25 miles per hour or on nonresidentiAl streern more than 25 feet in width. A rovAt o£ Five -Year Projections of evenwes an pen itures Vice Mayor Norton noted that this item vas a response to a Council referral to the Finance and Public Works Committee that there be 1 0 2 1/29/73 a survey of revenues and expenditures. There was a survey by staff some months ago which showed that revenues were declining, or at least not increasing at the same level. It would be unrealistic to attempt such a review beyond the period of five years. Staff has agreed as part of the 1973-74 budget to include a five-year perspective, including salaries. MOTION: Vice Mayor Norton moved on behalf of the Finance and Public Works Committee Council approval of staff submittal of five-year projections of revenues and expenditures as part of the annual bud- get document. The motion passed on a unanimous vote. Amendment of Estimated General Revenues armommirearca Vice Mayor Norton commented that this was noncontroversial. It was called to tie Finance and Public Works Committee's attention by the Controller that revenue sharing and the unexpected sale of the city buses gave income to the City not reflected in the current budget. MOTION: Vice Mayor Norton moved on behalf of the Finance and Public Works Committee that Council instruct the City Controller to amend the estimated general revenues shown in the 1972-73 budget to re- flect federal revenue sharing, sale of the City's buses, and any other pertinent changes in the general revenue outlook as of January 1973. City Controller Mitchell estimated that about $470,000 of general fund revenues greater than originally included in the budget could be expected. The motion passed on a unanimous vote. Ordinance Creating an Architectural Review Board Mayor Comstock commented that Planning Commission Chairman Mary Gordon had indicate -I that the planning staff could adequately repre- send the Planning Commission regarding this matter. As chairman of the Policy and Procedures Committee, Councilwoman Pearson reported on the ioint meeting of that committee with the Planning Commission which was held on January 16 for the purpose of reviewing whether or not the City should have an Architectural Re- view Board. There was unanimous agreement that there should be such a board. The joint committee studied the proposed ordinance. One change is that the site and design control of "D" district not be included in the Architectural Design Review Board in those areas in the Foothills and above the Foothills Expressway. MOTION: Councilwoman Pearson introduced the following ordinance and moved, seconded by Clark, its approval for first reading: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING CHAPTER 16.48 TO THE PALO ALTO MUNICIPAL CODE, TO CREATE AN ARCHITECTURAL REVIEW BOARD, SPECIFYING ITS JURISDICTION, DUTIES, POWERS, AND STANDARDS FOR REVIEW, ANL) AIDING SECTION 18.88.120(c) OF THE PAM (2nd reading 2/12/73) 1 0 3 1/29/73 Mayor Comstock complemented the committee members, Planning Commis- sion, stb.ff, attorney's office, and the members of tha original committee who worked on this for their hard and constructive work. Councilman Beahrs asked whether it was intended to discuss the powers of this group. Mayor Comstock responded that the ordinance does speak to this. If there are questions about those powers, this would be an appropriate time to ask them. Councilman Beahrs said that he was concerned about the appellate system. Council is involved in being the appellate court in every- thing in this town. He was concerned about competence, expertise, and time available for an adequate hearing. He suggested appeals should go to the Planning Commission. Councilwoman Pearson stated that there is a section in the ordinance which gives the person who is having his plan reviewed by the re- view board a chance to appeal. City Attorney Stone commented that from the staff standpoint, it would appear that much if not most of the work of the Architectural Review Board will deal with the granting of building permits. The Planning Commission does not review building permits. That can only be done by Council. Mayor Comstock comented that he suspected the amount of appeals Council hears will be directly related to the amount of backing it gives the Architectural Review Board. If the board does good work and Council repeatedly backs their work, creditability will be es- tablished, and appeals will be minimum. Vice Mayor Norton said there was some uncertainty in his mind about the ultimate disposition of the f1D" suffix. Was it retained west of the expressway? Councilwoman Pearson replied that it was. It could not be removed without having a new zoning. The committees agreed that between Foothill and Bayshore that the "Dt0 suffix should be removed and retained everywhere else. They want this to go back to the Plan- ning Commission so that that will happen. That is not in this ordinance. Vice Mayor Norton commented that the ordinance is an important blanch - mark in the evolution of the City's guidelines, and he looks forward to avoiding some of the unfortunate eyesores that have been con- structed in the city and expects the formation of this; board to improve the general quality of site planning, architecture, and landscaping, not only on private but public developments. A con- stituent expressed a concern that recently the Alameda Superior Court held that the Pleasanton -Livermore effort to restrict develop- ment in the area was illegal. The initiative petition was held illegal on the ground that the ordinance was too vague. The con- stituent questioned whether or no; this ordinance might not be deficient under the same criteria. City Attorney Stone responded that staff was aware of the Superior Court decision. Staff has not had an opportunity to study that 104 1/29/73 opinion, but they feel that a balance has been precisely struck between providing for ARB guidelines and retaining flexibility in the ARB so that it has some decision -making power. Councilman Clark commented that writing an ordinance in a joint meeting of committee and Planning Commission is tough, and he was sorry to bring up anoth'r point. One of the professionals felt it should be mandated that a landscape architect and an architect be on the board. Council felt that it should not be too tight a cate- gorical formation of the board, that perhaps the person should be considered more important that what his professional background is. He said he would try an amendment to add a gialifying sentence which does not in any way change the requirementF of the Council in constituti:"g this board but does remind Council that there be a balance in the make up of the board. AMENDMENT: Councilman► Clark moved, seconded by Beahrs, that Chapter 16.48, Section 16.48.030, be amended to add the following sentence after the words "or other design professionals": "It is hereby found advisable that at least one of these three members of the Architectural Review Board be an architect and one be a landscape architect. Therefore the City Council shall take such findings into consideration when appointing members to such Archi- tectural Review Board." Councilwoman Pearson said this was discussed at length, and the conclusion w -s that the committee did not want to restrict Council in raking these appointments. They felt it was covered in this paragraph, "There is hereby created an Architectural Review Board consisting of five persons, at least three of whom shall be archi- tects, landscape architects, building designers, and other design professionals." If it is specified that one has to be a landscape architect, then it must be designated what each member shall be. Councilman Clark clarified that the amendment in no way says there shall be. It merely says it is found advisable that one be an architect and one a landscape architect. Councilman Berwald commented that he understood the intent and thrust of the amendment, but it had no binding application to the ordinance, and he felt this matter should be left up to the good judgment of the Council. He felt the amendment would not accom- plish what was intended. Each Council is going to use its judgment in appointing the members. The amendment failed on the following vote: Ayes: Beahrs, Clark, Rosenbaum, Semen Noes: Berwald, Comstock, Henderson, Norton, Pearson Councilman Berwald stated that he joined with all of the Council members in commending the joint committee for the fantastic job it had done and staff in interpreting the committee's intent into a very fine ordinance. He expressed some cautions. One, he was particularly pleased that the times that were originally suggested had been reduced and chat now it appears that the applications will be considered rather quickly and will be facilitated. He hope.: lox 1/29/73 staff and the ARB would do everything they could to expedite these proceedings. Secondly, earlier it was his feeling that a good deal more emphasis would be placed on early informal review and persua- sion rather than mandatory coercion. He still feels that a good deal more emphasis could be placed on informal discussions and ecu- cation. With that in mind, he hoped some sort of facility might be available to the review board at the City Hall where there would be slides and projection equipment that would encourage developers and architects to come in early and discuss their developments without waiting for a concrete plan. Third, it is important that the ordi- nance be used to improve aesthetics and not frustrate developments. He had had a few calls recently from people who felt their develop- ments were being unduly delayed. His response was that in talking with staff he did not find these were: valid complaints. Fourth, he was not too happy with the fees. The fact was not resolved that if an early application is turned down, a person may have to pay a double fee. He hoped fees could be reduced as time goes on. Fifth, the staff has a responsibility to simplify the process and not let the ordinance lead to larger staffs and greater expenditures of City funds. Sixth, he hoped the ordinance would be used to enccu- age creativity and encourage development rather than stifle it. It is easy for a generation of architects to develop a certain form in architecture that might be too such the same. Seventh, he agreed with Councilman Teahrs' cc'-a:ent about the hearing. In his opinion what this does is place a "D" designation on all of the applicable property. He was concerned that perhaps Council should have a pub- lic hearing on this. Staff and Mr. Stone have convinced him it is not important to do this. He said he feels optimistic and feels the ordinance ;s a step in the right direction. The ordinance was approved for first' reading on a unanimous vote. MOTION: Councilwoman Pearson moved, seconded by Henderson, to direct the Planning Commission eo initiate rezoning to ree,ove the "h" suffix in certain presently designated "D" zones and also to consider the addition of this sentence to Section 16.48.020: "This chapter does not apply to any work for which approval has been ob- tained from the City Council pursuant to Chapter 16.82 of this code." Councilwoman Pearson commented that one of the problems of the "D" zone is that the original proposal from the Policy and Procedures Committee vas that all in the "D" zone should come before the Plan- ning Commission. When the Architectural Review ordinance was pre- sented before the joint committee, the "D" zone was referred strictly to the Architectural Review 3oard. The joint committee decided it did clot understand about the "D" zone and what effect it would have to take it out of the Planning Commission and be then in the ARB purview. They understood from Mr. Booth that if they took some of the land out of the D -designated zone, the Planning Commission would never be able to review that area. What is being done is a referral to the Planning Cocrrission to remove that D -designated zone from certain sections. Mayor Comaatock asked City Attorney Stone to comment about the pro- posed referral to the Planning Commission. City Attorney Stone stated that the suggested sentence would cum- plement the assignment to the Planning Commission for the taking out of the 'D" suffix for those areas which lie between the Express way and Bayshore. If adopted, it would completely delete duplica- tion of effort on the part of both the legislative branch of the city and the staff. 106 1/29/73 Councilman Berwald asked if the Policy and Procedures Committee was going to look at this before it comes back to Council. Mayor Comstock replied that this is at the discretion of Council. There is nothing in the motion calling for referral to the Policy and Procedures Committee. Councilman Berwald said that Council had looked at it together in the past, and it does impinge on this whole business of architectural design review. Councilwoman Pearson said that is why she thought the sentence should go to the Planning Commission who has an intimate involvement with architectural review and design more than Council does. At this point she felt it only needed to come back to Councit. The motion to refer to the Planning Commission passed on a unanimous vote. Staff Recommendation re Architectural Review Board (CMR:584:3) MOTION: Councilwoman Pearson introduced the following ordinance and moved, seconded by Clark, its adoption: ORDINANCI' NO. 2701 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1972-73 TO APPROPRIATE $5,300 AND TO ESTABLISH A POSITION OF ASSOCIATE PLANER IN THE PLANNING DEPARTMENT TO PROVIDE FOR ARCHITECTURAL REVIEW" City Manager Sipel commented that Councilwoman Pearson gave Council the good news. Now he would give the bad news. It is likely that the project is going to be substantially above that which will be considered tonight. Staff estimates a cost of $35,000 to $40,060 considering the enforcement as well as development and processing of the permits. One of the areas of weakness now is permits in existing "D" designations. Another person may need to be added to the staff to assure compliance at the outset of construction and following. It could add a substantial work load to the staff. The substantial cost cannot be offset by the permit cost. Consideration may need to be given at some time to a type of fee for the mainte- nance of some of the specific privileges the City provides. Councilman Henderson commented that he rooked forward to the discus- sion in committee of a cost of $35,000 to $40,000. He asked why there needed to be a full-time operation two months ahead of the date of the beginning of the board. Secondly, he was curious as to who handles permit applications now. Aren't there any offsetting savings? City Manager Sipel replied that there is some overlap, but it is rather limited. The number of permits which have "D" designations and get that kind of scrutiny represent 1/6 to 1/8 of the total vol- ume. There are people on the planning staff who provide this kind of assistance. With respect to the remaining 250-300, there is not the detailed kind of scrutiny this requires. The basic review is does it meet the buildthg code. Regarding the question relating to the money which has been requested and timing of the hiring, he said staff doesn't know at this point when they will be able to hire the person. They want to get the person on board as soon as possible 1 0 7 1/29/73 so that the individual appointed can begin to work with the group appointed to develop procedures. Councilman Berwald stated that he agreed with the thrust of Council- man Henderson's question. This is an aspect of the subject that was not discussed too couch in the Policy a'-' Procedures Committee. The Finance Committee is the place to do titis. He felt there are alternatives to adding staff to enforce th..s ordinance. One would be to require certification that the ARB's requirements have been followed. Perhaps that certification might take the place of a good deal of inspection. He felt this would be an appropriate subject for referral at this time. Vice Mayor Norton commented that his initial thought was to refer this request to the Finance and Public Works Committee and there sit on it for six months. He said he assumed, however, that the com- mittee will probably get next year's budget in the normal course of things with the thirty -some -odd thousands increase and can take it up at that time. He felt the modest appropriation at this time would not warrant a separate referral to the Finance Committee. Councilman 3e rwald said he would not make a motion but hoped to see a reduction in that estimate. The ordinance was adopted on a unanimous vot , Council Member Election Process Councilwoman Pearson on behalf of the Policy and Procedures Commit- tee reviewed the discussion which took place on January 16, 1973 in response to the Council referral of July 24, 1972 that tale committee review with appropriate staff assistance a proposal to elect City Council members by numbered seats and that the victor in each race be required to have a majority. Secondly, that the committee, with staff assistance, review the possibility of immediate seating of newly elected Council members. The committee received the thinking of the League of Women Voters in a letter dated Jan•.sary 11, 1973 and in a subsequent letter dated January 26 the League urged the City Council to adopt the committee's recommendations re Council member election process as follows: a. that there be no change in the present policy of Council candidates running at large; b. that there be no change in the policy regarding run-offs; and c. that there be no change in the time of seating e1e:ted Council members. C•nlncilvoman Pearson said it was the committee's thinking that this was not the proper time to consider any changes to the Charter re- garding the election process. The Council received and accepted the Committee's recommendations with no action taken. 1 0 8 1/29/73 Report of City -School Liaison Committee Representative Councilwoman Pearson, City -School Liaison Committee representative, reviewed a recent meeting of the committee wherein the Churchill Avenue traffic situation was discussed following complaints from residents on the amount of traffic between Alma and Embarcadero. She said a question was raised regarding what happened to Palo Alto High School's proposal that a new exit and entrance be constructed on El Camino Real rather than Churchill. The answer is that the present layout prohibits use of El Camino Real for ingress and egress. Regarding the Drug Abuse program, the School District advised that $70,000 out of the $80,000 committed as requested by the Task Force has been spent. The District has hired four new counsellors who have been very cooperative and maintain a good liaison with the police department. On child care, the School District is awaiting the Child Care Task Force's report, Tennis courts at Jordan - cost $35,000 to refurbish and install lights. The School District will maintain the courts to the present City standards. A report was made on the City -School District study regarding lighted football fields. Councilman Clark added to Councilwoman Pearson's comments on the Churchill Avenue traffic situation saying that there is to be fur- ther study with the City's traffic consultant and the school to see if there is anyway to improve the internal traffic circulation. City Manager Sipel commented on the lighted football fields project and said this will be reviewed in the Finance and Public Works Com- mittee prior to the Council adopting the budget for 1973-74. Resolution Cotncnetnoratin Dedication o servator - axaca MOTION: Councilwoman Sensan introduced the following resolution a`d moved, seconded by Comstock its adoption: RESOLUTION NO. 4701 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO COMBATING THE DEDICATION OF THE ASTRO- 10MICAL OBSERVATORY, OAXACA DE JUAREZ, MEXICO" Councilwoman Seman asked Mr. Paul Cardoza, president of Neighbors Abroad, to stand. She said it was a great pleasure to note that on Saturday, February 10, more than fifty Palo Alto citizens would stand on the hill called Fortin in the city of Oaxaca alongside of citizens of that community and dedicate the fine observatory, a re silt of the joint effort of people of both cities, and particularly the sister city committees. She said this would be another step cementing the bonds of friendship that exist between these two sister cities. She wished that all Palo Alums could participate. The resolution was adopted on a unanimous vote. 1 0 9 1/29/73 Downtown Beautification Pro ect: Approval of ran sca e rc itect Contract Pro (CMR:587:3) MOTION: Mayor Comstock moved, s'lconded by Berwald, that the Mayor be authorized to execute the agreemer.t for professional services for design for downtown beautification and itghting project, Prolect No. 71-80, between the City of Palo Alto and Rockrise Odermatt Mountjoy Amis, 405 Sansome Street, San Francisco. Crystal Carnage, executive director of Downtown Palo Alto, Inc. said the association has reviewed briefly the details of the stuff report and wo:ild recommend passage by Council. She said it represents a lot of work on the part of staff. The motion passed on a unanimous vote. Ambulance Systems (CMR:579:3) Mayor Comstock stated that Council had received a report from the City Manager's office with the recommendation that the subject be referred to the Policy and Procedures Committee. MOTION: Councilwoman Pearson 17oved, seconded by Rosenbaum, that the report of the City Manager on the subject of ambulance systems be referred to the Policy and Procedures Committee. Councilman Berwald noted that the last paragraph of the memorandum from, .qyaff said that it was recommended that the Policy and Procedures Committee review these alternatives. He said he hoped the intent was to consider these and other alternatives. Mayor Comstock said Council would be referring the report and always a.,sumed the committee is open to other good ideas as well. Vice Mayor Norton said he would like to see some checking into the question as to whether firemen are likely to be the kind of people able to perform the level of paramedical service that would be con- templated by this. He questioned it, because it seems to have people doing brain surgery who are willing to fight fires may not be realistic. Councilman Beahrs said that statistics don't wean much to the person in desperate need of help, but he did wibh in the future discussions that in addition to the statistics offered, there be some statistics from this region, particularly Palo Alto. Councilwoman Semen commented that she had received a call from a constituent hoping that staff would explore cooperation with Stanford Medical Center. Councilman Clark said he felt such cooperation was inherent in any recommendation the committee might snake. He noted one misleading statement on page 5. Under "Needs of the Community," it said that 24,000 persons ertered Stanford Hospital through the emergency room. "Entered" means you really go into the hospital. This reference is to treatment in emergency r3om. Not that Many people entered the hospital. 1 1 0 1/29/73 Councilman Rosenbaum asked if any other cities might be ?nterested in cooperating on this. Fire Chief Korff replied that staff did not go into great detail with other cities, because they wanted to present the alternatives for Pilo Alto. It involved a lot of contact with physicians. There are funds available for training from the federal government, and when such funds are received they are to provide regionel service. That night include Stanford, Menlo Park, etc. Councilman Clark noted that this referral co committee is to have give and take with interested people as to how to approach the matter. The notion that the committee would come in with any particular pro- gram is unrealistic. He said he would be pushing hard for a task force of experts on this one. The motion to refer to committee passed on a unanimous vote. (Council recessed from 9:15 to 9:30 p.m.) Re nest for Bud3et Amendment --Meter Reading (CMR:585:3) MOTION: Councilman Beahrs introduced the following ordinance and roved, seconded by Ccm3tock, its adoption: ORDINANCE NO. 2702 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1972-73 TO APPROPRIATE $14,304 TO PROVIDE FUNDS FOR THREE METER READER POSITIONS" City Manager Sipel recommended that Council pass this ordinance which would provide additional funds necessary to continue to read meters in the community for the rest of the year. Counciim n Henderson wondered if there were any anticipated date for the estimated meter reading program to get underway or come to the finance and Public Works Committee. City Controller Mitchell replied that there isn't. Estimated meter reading is going to be a research and development kind of project through the use of computers. Staff does not know what the statis- tical method is or what kind of computer program will handle it. As these things are revealed, perhaps some tentative dates can be given. The ordinance was adopted on a unanimous vote. Pro osed Stanford Avenue/Bowdoin Street ntersect on ea „a= • . Mayor Comstock noted that Council had received maps, a staff report, a letter from 14r. James, Culpepper, and a letter from Mr. Robert Augsberger of Stanford University saying, essentially, that Stanford was not now in a position to respond to the manager's proposal as a result of certain actions by the university. The City Manager has suggested than in view of the continuance of the annexation applica- tion, the need for final action on the intersection is not as press- ing, and he suggested that staff continue with its study of the subject as part of the review of traffic in the area. 1 1 1 1/29/73 Vice Mayor Norton commented that Council has two different suggestions. One from staff that the matter be postponed without regard to any work being done in the interim, and the letter from Mr. Augsberger indicating basically that the committee met and felt that they could not do anything until they had more input. He said there is evidence of the need for the realignment r.nd plans to provide for the safety of pedestrians and cyclists crossing from Stanford and Bowdoin, and determination► of ccsts of the proposed plan and who is going t:o pay for it. He suggested that this question be referred to the Finance and Public Works Committee so that it could be studied aad the City have answers ready for Stanford without delay. He had in mind some of the funding problems, if suddenly there is a breakthrough, and the property tax problems alluded to are resolved, and the matter is freed so that Council can annex Frenchman's Terrace, it would be a shame to delay that because these matters had not been resolved. He felt a need to keep moving toward resolution of the intersection problem. Councilwoman Pearson agreed with Vice Mayor Norton that the City should not lie back and let the matter go into limbo. She thought Stanford should get whatever information it needs ,immediately, and they should place it befc LAFCO. She thought the closing of Bowdoin-Amherst should be a part of the staff's study, and Council should he given information on the impact on the whole College Terrace area. Calvin Gillard, 2120 Amherst, representing the steering committee for the Central Palo Alto Residents Association West and the College Terrace Association, briefly reviewed staff's recent efforts and study to improve traffic problems in College Terrace. He recog- nized the help that had been received from City Manager Sipel and the staff. He felt that the staff report represented a fair and reasonable statement of the problem. Regarding the Fourcroy plan, the residents endorse it. It provides the key to discouraging through traffic from using College Terrace streets as a bypass to Page Mill Road. He reviewed the letter from Stanford dated Janusry 24 which had been delivered to Council on this matter. See Page 121 City Manager Sipel commented with respect to matters raised this evening. At the last meetieg when staff received the assignment re Stanford/Bowdoin Street intersection realignment, they also received a longer term assignment to look at the overall traffic problem in the College Terrace neighborhood. Thal work is presently under way. Raw statistics are at hand, and staff will begin an analysis of them. After that, staff would propose to do some experimentation along the lines suggested in earlier reports and suggested by Mr. Gillard and Councilwoman Pearson. He hoped within a few months to make some recommendations to deal with the total issue. Staff will not know until then whether or not the modified Fourcroy plan is a reasonable solution. In the interim, he said he did not know what productivity would be gained from exploring the question of financial responsi- bility with Stanford. Other possibilities for that intersection might require less financial outlay. Staff is giving top priority to this matter. He said also he was not sure that even if the approach suggested for the intersection turns out to be the best, that the City would have to annex it in order to do it. At this point, he would prefer to try the extraterritorial approach. Vice Mayor Norton said that if this is referred to the Finance and Public Works Committee, he wouldn't expect to'move any faster than 1 1 2 1/29/73 Silltarneaft staff has indicated they will be aole to give input on the subject. He did think there was some merit in not leaving this study until perhaps Frenchman's Terrace annexation canes in on a crash basis. MOTION: Vice Mayor Norton moved, seconded by Pearson; that the Bowdoin-Stanford Avenue intersection be referred to the Finance and Public Works Committee for it to take up at its leisure in accordance with the staff's timing for their study. Councilman Clark commented that it seemed silly to refer something until it is known what is going to be negotiated. He thought the referral should be deferred. The motion to refer passed on the following vote: Ayes: Comstock, Henderson, ;torten, Pearson, Rosenbaum, Seman Noes: Beahrs, Berwald, Clark Re ort fr�xn Cit Clerk re anus nic pa E ect an MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION NO. 4702 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO REQUES'"ING THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA TO ?ERMIT THE REGISTRAR OF VOTERS TO ASSIST TFIE CITY CLERK IN THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION AND ANY SPECIAL ELECTION TO BE HELD ON MAY 8, 1973" The resolution was adopted on a unanimous vote. Re lest of Councilwoman Pearson re tan orsta x amens on Councilwoman Pearson commented that she put this matter on the agenda, because she read in the newspaper that Stanford Hospital was expand- ing. She wanted to know whether or not this expansion would have any effect on the bed priorities. Dr. Gunder of Stanford Hospital stated that the agreement calls for a given number of beds to be on first call_ for the patients of physi- sians of the community of Palo Alto, and that remains 370 such beds. Councilman Seahrs commented that he diCn't think the public should think that the City gets these beds in perpetuity as some people seem to think. He thought the public should be warned about this. He said he wo,sld hate to see the furor in this community ten or fifteen years hence when there are no bed priorities for Palo Alto. Dr. Gunder replied that as he understood the situation, as far as the agreement is concerned, it is a 40 -year agreement in effect. Councilman Eeahra srid that it is keyed to the service of physicians on the staff, most of whom are at least thirty years or older. Forty years could go by with the result that Pclo Alto has no bed priority because most of the physicians will not remain active in practice until they are ninety. See Page 121 1 1 3 1/29/73 Councilwoman Pearson thought the agreement was based upon certain availability of other beds --that the agreement was not as simple as Councilman Beahrs was making it. She asked for clarification. City Attorney Stone said that he had interpreted the agreement and confirmed it with Stanford staff counsel that the Palo Alto bed priority is for a period essentially for forty years. If a certain number of beds are built in the community not by Stanford Hospital, that Palo Alto will lose priority but will gain $500,000 in payments. Councilman Clark commented that he didn't think Council needed to worry, because during this five years, physicians who are not yet forty have been accepted on the staff. He didn't think Palo Alto would run out of physicians. No action was taken. Re uest for 1eferral of Ad Hoc Citizens Report re u tuna rograms s._ Mayor Comstock stated that he was contacted several times over the preceding months by `:r. Mort Licht^ -,n who informed him that the citizens interested in the art5 in lo Alto had produced a report which represented a great deal of work. Council has received the report, and Mr. Lichtman hoped that Council would refer it to a Council committee. MOTION: Mayor Comstock moved, seconded by Henderson, to refer the Ad Hoc Citizens Report re Cultural Programs to the Policy and Pro- cedures Committee for revi€w and recommendations. Morton Liebman, 3911 Grove Avenue, chairman of the Palo Alto Arts Review Committee, said the committee had been working on this since last May. The committee recognized the need for long-range guidance in the arts department. They were pleased to make the report avail- able to the Council and community for consideration of the committee's recommendations. He recommended that at the time it comes to the Policy and Procedures Committee, a staff report be made available. He noted that on Saturday, February 17, the city arts department and committee had arranged a full day consisting of a report by the city arts department director in the morning and the afternoon de- voted to the committee's discussion wth all of those people inter- ested in reviewing the report. He extended an invitation for Council and other interested people to attend. He thanked the fourteen mem- bers of the committee. Councilman Beahrs expressed that he w -a: impressed with the monumental job the committee had done. He stopped at the cultural center and was impressed with the number of youths in the various studios. He hoped the people who participate in the activities and exhibits would take notice of the meetings on February 17 and attend. Councilwoman Seman complimented and thanked every member of the com- mittee for the diligence which had been shown. She hoped that the date for the Policy and Procedures Committee discussion of the re- port would be set by February 17 so that it could be announced on that day. 1 1 4 1/29/73 Councilwoman Pearson indicated she would confer with City Manager Sipel this week about the committee's agenda. Ken Freiberg, 842 Clara Drive, present chairman of the Friends of the Palo Alto Childrens' Theater, said that on October 30, 1972, he sent a letter and report of concern about the direction in which the Childrens' Theater management was going. He said they have had no feedback. The group has expressed concern and wondered whether at the time consideration is given to the Arts Commission report, their report could be considered also. Mayor Comstock indicated that Council members would refresh them- selves regarding the contents of the October 30, 1972 report and then make a decision about how to handle it. Councilman Berwald asked to have copies of that report i,ut in Coun- cil packets for the next meeting and said then it could be put on a forthcoming Council agenda. City Manager Sipel said he recalled the letter. Staff responded to it, and it was sent out in Council packets. He said he was not sure he would suggest referral to the Policy and Procedures Commit- tee for discussion at the same time as the Arts Commission subject. The Childrens' Theater management is a somewhat different subject having to do with specific operations and policies= of the arts de- partment. It might more properly be sent to another co ittee. He said he would see that copies were made for Council. -The motion passed on a unanimous vote. Letter of Welcome to Returning Militarp Personnel Councilman Beahrs raised an item of new business, not agendized. He said he felt it was appropriate to suggest that no matter how Council members viewed the Vietnam war, Council should have the grace to welcome home to Palo Alto all of those men returning from the military service. MOTION: Councilman Beaters moved, seconded by Pearson, that the Mayor write an appropriate letter of welcome to all returning military personnel. Mayor Comstock felt it was an excellent suggestion and said he would write the letters with a great deal of pride. The motion passed on a unanimous vote. Further Discussion of Downtown Beautification Pro ec: Councilman Henderson noted that a matter had been overlooked regard- ing agenda item 8. Council received a letter from Mr. Scott Carey, Chairman, Beautification and Lighting Committee, Downtown Palo Alto, Inc., which ended with a sentence about "Further delay can only re- sult in a questioning by many members of our organization of the good faith of the majority of the Council members." He asked City Manager Sipel to respond about causes of the delay. See Page 121 1 1 5 1/29/73 Cicy Manager Sipel indicated that he did respond to Mr. Carey by letter on January 24, 1973 and further verbally. The problem re- lated to difficul;ies of staff in developing a contract appropriate for the City to enter into. It is regrettable that it took so long, but he could assure everyone there was no other motive involved. The item was on the Council agenda tentatively at least four times and had to be pulled off because the two parties could not agree to a document. It was kept off the agenda until the City Manager had the assurance of Mr. Rockrise that he would sign the agreement and until it was a document the City Manager could sign. He hoped that if everything went as he felt it would, no time would be lost in the completion of the project. Mr. Rockrise is bound to conclude the contract by the end of September. Councilman Henderson felt it was unfortunate that inferences were made by the association without checking with the staff. Everyone wants the downtown program and can only get it by working tog then. Councilman Clark said that this matter was aired at the Chamber's dinner meeting last Friday night, and everyone was smiling. It is a dead issue. Recommendation of Special Council. Committee/ o Ito Housing Corporati a on OWIIMISOISMINS Councilman Berwald commented that earlier this evening a person cam to Council and wanted Council to move more rapidly on a matter. This was in the form of a letter addressed to Council from Roy Clay, asking that the matter under discussion by the special committee and the Palo Alto Housing Corporation be handled quickly. Mr. Clay re- spectfully urged that Council give a full public airing to this matter so that all could continue with productive efforts. Council- man Berwald noted that he abstained on the motion to continue this matter at the January 22 meeting in response to a letter from a citizen that indicated another party in the dispute wanted to pre- sent some sort of a case. He was surprised to learn that Mr. Clay was not notified when the matter was moved forward. He said he thought that justice deferred was justice denied. Adjournment The meeting adjourned at 10:15 p.m. APPROVED: k� 4v Ck\ Mayor ATTEST: J ! � City Clerk/ 1' 1 / 1 1 6 1/29/73